The Death Penalty in the OSCE Area–Background Paper 2017
the Second Optional Protocol to the International Covenant on Civil and Political
Rights, aiming at the abolition of the death penalty, States enshrined their stronger abolitionist stance in international law. The Secretary-General reiterates his call
for universal ratification of the Second Optional Protocol, and urges those States
that have not yet ratified it to do so without delay.
57. The 70 years since the United Nations came into being have seen a remarkable
shift from a large majority of Member States that maintained the death penalty
to, nowadays, a minority. Since 1997, the General Assembly has adopted five resolutions that called on States to establish a moratorium on executions with a view
to abolishing the death penalty. Currently, approximately 160 of the 193 Member
States of the United Nations have abolished the death penalty or introduced moratoriums, either in law or in practice. States should go beyond simply ceasing executions and aim for a suspension of capital punishment for all who might be, or
have been, sentenced to death. National prosecutors may consider refraining from
seeking the death penalty. Judges may consider not imposing it. In this regard, the
highest judicial bodies could issue judicial directives or sentencing guidelines, as
appropriate.
58. The continued lack of transparency on the part of some Governments concerning the numbers of persons who have been executed is incompatible with human
rights. States should refrain from carrying out executions in secret and strive to
take all measures necessary to guarantee access to information on the death penalty, including advance notice to family members regarding the date of execution.
59. States that continue to apply the death penalty should comply with international human rights requirements, as stipulated in article 6 of the International
Covenant on Civil and Political Rights. In particular, capital punishment may be
imposed only for most serious crimes, that is, intentional killing, and may not be
mandatory in such cases. States should also adhere to fair trial guarantees in capital cases. Clemency, pardons and commutations are critical steps towards the
abolition of the death penalty. Heads of State and Government and other responsible State authorities should exercise their constitutional and/or legal authority to
grant amnesty, pardon or commutation of the sentence of death in all cases.
60. States should consider developing measures to minimize the harm suffered
by other persons affected by the death penalty, including family members of convicts, defence lawyers, prison staff and medical staff. In particular, under the
Convention on the Rights of the Child, States must take measures to ensure that
children’s rights, including the principle of the best interests of the child, are duly
considered during sentencing.
66
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents